No. 15

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Thursday, March 1, 2001.

 

12:00 Noon.

 

The House was called to order by Associate Speaker Pro Tempore Julian.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--excused

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

George--present

Gieleghem--excused

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--excused

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--excused

Schauer--present

Schermesser--present

Scranton--excused

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--excused

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

 

 

 

e/d/s = entered during session

Father George Shalhoub, Pastor of St. Mary's Anthiochian Orthodox Church in Livonia, offered the following invocation:

 

"O Lord who calls us for justice and to serve in government, we acknowledge that government and authority is from You. Remind us as we begin this session with the House of Representatives of our state of our duty and obligation to those who elected us. We remember this morning our sister state, Washington. Help them, O Lord, to rebuild their lives as they suffered the devastation of earthquake. Bless us to transform our world so that we remember that everything comes from You, O Lord. You entrusted us with the goodness of the people. I do pray, O Lord, as Your humble and sinful servant, on behalf of all these men and women who gathered in the state Capitol in our city of Lansing, that Your holy hand shall guard and guide our social and political system to live in peace, prosperity and to call that we can care for each other and our neighbor. Grant them, O Lord, knowledge to discern to be patient and to stand for the principle of what is true and what is honorable and what is just--for every good and perfect gift comes down from You. We pray, O Lord, that we uphold these virtues that we return to them--and when we return to them, we return to our humanity which You gave us. We are made in Your image and likeness. You are a good God who loves mankind. To Thee we ascribe to thanksgiving, glory and worship. To the Father, the Son and to the Holy Spirit, now and forever and to ages and ages. Amen."

 

 

______

 

 

Rep. Jacobs moved that Reps. Daniels, Gieleghem, Stallworth and Thomas be excused from today's session.

The motion prevailed.

 

Rep. Vander Roest moved that Reps. LaSata, Sanborn and Scranton be excused from today's session.

The motion prevailed.

 

 

Third Reading of Bills

 

 

House Bill No. 4322, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3913 (MCL 500.3913), as added by 1992 PA 84.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 5 Yeas--102

 

 
AdaminiGarciaLipseyRivet
AllenGarzaLockwoodRocca
AndersonGeorgeMansSchauer
BashamGilbertMcConicoSchermesser
BerneroGodchauxMeadShackleton
BirkholzGosselinMeyerSheltrown
BisbeeHagerMiddaughShulman
BishopHaleMinoreSpade
BogardusHansenMortimerStamas
BovinHardmanMurphyStewart
BradstreetHartNeumannSwitalski
Brown, B.HowellNewellTabor
Brown, C.JacobsO'NeilToy
Brown, R.JamnickPappageorgeVan Woerkom
CallahanJansenPattersonVander Roest
CassisJelinekPestkaVander Veen
CaulJohnson, RickPhillipsVear
Clark, I.Johnson, RuthPlakasVoorhees
Clarke, H.JulianPumfordWaters
DennisKilpatrickQuarlesWhitmer
DeRossettKoetjeRaczkowskiWilliams
DeVuystKolbReevesWojno
DeWeeseKooimanRichardvilleWoodward
EhardtKowallRichnerWoronchak
FaunceKuipersRisonZelenko

Frank Lemmons

 

 

Nays--0

 

 

In The Chair: Julian

 

 

The House agreed to the title of the bill.

Rep. Richardville moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

Second Reading of Bills

 

 

House Bill No. 4018, entitled

A bill to repeal 1947 LA 9, entitled "The act to prevent hunting, on Sunday, for game animals and game birds in the county of Macomb.".

The bill was read a second time.

Rep. Rocca moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Cassis, Ruth Johnson, Wojno, Raczkowski, Pappageorge, Gilbert, Van Woerkom, Jelinek, Switalski, Middaugh, Ehardt, Hager, Kooiman, Meyer, Richardville, Birkholz, Richner, Howell, Gosselin, Vander Roest, Toy, DeWeese, Kowall, Sheltrown, Julian, Faunce, DeVuyst, Shulman, Jansen, Vear, Newell, Rocca, Neumann, Callahan, Voorhees, Vander Veen, DeRossett, Garcia, Woronchak, Bisbee and Kuipers offered the following resolution:

House Resolution No. 40.

A resolution to memorialize the Congress of the United States to repeal the federal excise tax on telephone and other communications services.

Whereas, The federal tax on telephone service was put in place in 1898 as a temporary luxury tax on the new technology of the telephone. At that time, the government needed money to help pay for the Spanish-American War. Over the past century, this tax, which is now three percent, has been changed many times; and

Whereas, Recently, a focal point of tax policy has been the question of taxing another emerging communications technology, the Internet. This discussion has caused some observers to reexamine the nature of certain taxes. There is a strong parallel between the notion of taxing some aspect of the Internet and the tax applied to the telephone a century ago; and

Whereas, The federal excise tax on telephone services provides an example of poor public policy. This tax is regressive in that all taxpayers, regardless of ability to do so, pay the same rate even though a phone is a necessity of modern life. Unlike other federal excise taxes, the telephone tax is not an attempt to reduce public use of a product like tobacco or alcohol that can be harmful and is not needed. In addition, the money raised from this excise tax does not go to any specific purpose related to telecommunications; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to repeal the federal excise tax on telephone and other communications services; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Tax Policy.

Reports of Standing Committees

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Thursday, March 1, 2001, at 10:30 a.m.,

Present: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members, Thursday, March 1:
House Bill Nos.43404341434243434344434543464347434843494350435143524353
43544355435643574358435943604361436243634364436543664367
4368436943704371437243734374437543764377437843794380
House Joint ResolutionsKLM

 

The Clerk announced that the following Senate bill had been received on Thursday, March 1:

Senate Bill No. 196

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

Senate Bill No. 196, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625a (MCL 257.625a), as amended by 1998 PA 351.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

 

 

Communications from State Officers

 

 

The following communication from the Auditor General was received and read:

 

February 28, 2001

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of

Lake Superior State University

February 2001

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

 

 

Introduction of Bills

 

 

Reps. Switalski, Bovin, Pestka, Neumann, Williams, Adamini and Hardman introduced

House Bill No. 4386, entitled

A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending sections 6 and 7 (MCL 15.216 and 15.217).

The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.

Reps. Switalski, Schauer, Bovin, Gieleghem, Wojno, Neumann, Williams, Kolb, Bogardus, Adamini and Hardman introduced

House Bill No. 4387, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 18 and 168 (MCL 388.1618 and 388.1768), section 18 as amended by 1999 PA 119 and section 168 as added by 1993 PA 175.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Reps. Vander Veen, Voorhees and Birkholz introduced

House Bill No. 4388, entitled

A bill to amend 1991 PA 46, entitled "Eligible domestic relations order act," by amending section 1702 (MCL 38.1702).

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Vander Veen, Voorhees and Birkholz introduced

House Bill No. 4389, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending section 43 (MCL 38.1643), as amended by 1991 PA 53.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Vander Veen, Voorhees and Birkholz introduced

House Bill No. 4390, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 40 (MCL 38.40), as amended by 1991 PA 48.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Vander Veen, Voorhees and Birkholz introduced

House Bill No. 4391, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 46 (MCL 38.1346), as amended by 1991 PA 47.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Bernero, Bob Brown, DeWeese, Anderson, Rocca, Gieleghem, Jamnick, Minore, Waters, Julian, Schauer, Jacobs, Howell, Dennis, Hale, Woodward, Kolb, Garza, Lipsey, Basham, Pestka, Bovin, Richardville, Hardman, Thomas, Zelenko, Wojno, Sheltrown, Stallworth, Mans, O'Neil, Spade, Neumann, Rich Brown, McConico, Plakas, Quarles, Toy, Vander Veen, Reeves, Williams, Adamini, Clarke, Rivet, Phillips, Rison, Frank, Lockwood, Bogardus, Kilpatrick, Kowall, Callahan, Lemmons, Whitmer, Switalski and Stewart introduced

House Bill No. 4392, entitled

A bill to create the office of the legislative mental health ombudsman; to prescribe the powers and duties of the legislative mental health ombudsman, the legislative council, certain state departments and officers, and certain county and private agencies serving children; and to provide remedies from certain administrative acts.

The bill was read a first time by its title and referred to the Committee on Health Policy.

 

 

Reps. Gilbert, Hager, Shackleton, Ehardt and Bovin introduced

House Bill No. 4393, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 22c (MCL 388.1622c), as added by 2000 PA 297.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Reps. Woodward, Vear, Waters, Lipsey, Kolb, Bernero, Gieleghem, Spade, Schauer, Minore, Jacobs, Voorhees, Rich Brown, Neumann, Garza, Gosselin, Patterson, Bovin, Basham, Anderson, Ruth Johnson, Richardville, Toy, Vander Veen, Kowall, Ehardt, Caul, Woronchak, Rocca, DeWeese, Wojno, Williams, Adamini, Pappageorge, Hardman, Reeves, Lemmons and Raczkowski introduced

House Bill No. 4394, entitled

A bill to amend 1974 PA 154, entitled "Michigan occupational safety and health act," (MCL 408.1001 to 408.1094) by adding section 24a.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. Hart introduced

House Bill No. 4395, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 36 (MCL 791.236), as amended by 1999 PA 271, and by adding section 42a.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

 

 

Rep. Hart introduced

House Bill No. 4396, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Rep. Hart introduced

House Bill No. 4397, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 52 (MCL 169.252), as amended by 1996 PA 590.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

 

 

______

 

 

Rep. Tabor moved that the House adjourn.

The motion prevailed, the time being 1:00 p.m.

 

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, March 6, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.